In-Vitro Fertilization Inconceivable to Legislature

On Oct. 16 the Georgia Supreme Court ruled that the statute covering children “conceived by means of artificial insemination” doesn’t cover children born by means of in-vitro fertilization (IVF). Why? Well, for one thing, the statute was enacted in 1964, and the court says that IVF was unknown until the …

[Read more...]

FDA Scolds Company Claiming to Bake with Love

Where’s the love?  Apparently, not at the FDA. On September 22 the FDA issued Warning Letter CMS# 532236 to Nashoba Brook Bakery, of Concord, Mass.  Among several infractions cited in the letter was one for the misbranding of granola bars—misbranding that must be corrected within 15 days to avoid …

[Read more...]

Forced to Relay Fatal Diagnosis to Her Mother

A case in a Louisiana federal court addressed an unusual question: what if circumstances at a hospital require that you, rather than hospital personnel, be the one to tell your mother she has only two weeks to live? Do you have a claim under federal disability law? It happened when Katrina Labouliere’s mother …

[Read more...]

You-Can’t-Make-this-Up Award

From time to time a development in health law confirms the adage that truth is stranger than fiction. That’s why we hand out the You-Can’t-Make-this-Up Award for real life developments that seem to defy the imagination. This month’s award goes to the Centers for Medicare & Medicaid Services’ October …

[Read more...]

Imagination-in-Pleading Award

The Imagination-in-Pleading Award for September goes to plaintiff Willie Pearl Smith for her lawsuit against the Hospital Authority of Cobb County, Georgia, and related entities in connection with the death of her daughter, allegedly resulting from medical negligence. Smith’s claims—sixteen by the district …

[Read more...]

How to Get a 2,333% ROI?

Three affiliated home health companies in Tennessee agreed to pay $1.8 million to settle False Claims Act (FCA) liability. That’s a lot of money, but it’s only about four percent of the $42 million in potential liability that, according to BNA, federal prosecutors say the homes faced for false Medicaid …

[Read more...]